S & S Auto Parts Co. of Wisconsin, Inc.

National Labor Relations Board - Board Decisions

Oct 25, 1957

119 N.L.R.B. 137 (N.L.R.B. 1957)

S & S AUTO PARTS CO. OF WISCONSIN, INC. 137
APPLICABILITY OF THE STATUTE
Section 10 (k) of the Act generally empowers and directs the Board
to hear and determine disputes over an employer's assignment of
"particular work" to one group of employees rather than another.
However, the Board is not authorized to hear and determine other
types of disputes. The present dispute, involving Austin's refusal
to employ operators while using Dow's plant steam or air, clearly
does not involve Austin's assignment of particular work to certain
employees rather than others. The record is clear that Austin had
no control or authority over the operation of plant steam or air valves,
and thus had no authority to assign this particular work to any
employees whatsoever. It is therefore not the type of dispute which
the Board is authorized to hear and determine. We find that the dis-
pute between Austin and the Union does not involve the assignment
of particular work, within the meaning of Section 10 (k), but rather
involves Austin's voluntary contractual commitment to employ a
light-equipment operator where plant steam or air is used on a job.
We find that in striking Austin the Union did not have a pro-
scribed object within the meaning of Section 8 (b) (4) (D). Accord-
ingly, we-find that we are without- authority to, determine the.pres-
ent dispute, and shall grant the Union's motion to quash the notice
of hearing issued in this proceeding.
[The Board quashed the notice of hearing.]
MEMBERS MuiwooK and,RobGERS took no part in the consideration
of the above Decision and Order Quashing Notice of Hearing.
S & S Auto Parts Co. of Wisconsin, Inc. and Lodge 621, Interna-
tional Association of Machinists, AFL-CIO, Petitioner
S & S Auto Parts , Petitioner and Retail Clerks Union Local 1116,
AFL-CIO and International Association of Machinists, AFL-
CIO. Cases Nos. 18-RC-341 and 18-BM-264. October 25, 1957
DECISION, ORDER, AND DIRECTION OF ELECTION
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
William D. Boetticher, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Rodgers, Bean, and
Jenkins].
119 NLRB No. 21.
138 DECISIONS OP NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this proceeding the Board finds :
1. S & S Auto Parts operates a central store and administrative
headquarters in Duluth, Minnesota, 3 other stores in Minnesota, and 1
in Michigan . S & S Auto Parts Co. of Wisconsin , Inc., operates two
stores in Wisconsin . S & S Auto Parts Co. of Minnesota operates one
store in Minnesota . These corporations are all wholly owned sub-
sidiaries of General Trading Corporation , and the stores they operate
are under the general supervision of the same individual . All ad-
ministrative detail and general policy are determined at the central
office, and it does not appear that there is any separate organiza-
tional structure for each corporation . In these circumstances we find
that the three corporations constitute a single employer within the
meaning of Section 2 (2) of the Act.
Accordingly , we reject the Employer's contrary contention and
hold that whatever unit is hereinafter found appropriate , determina-
tion of our jurisdiction rests upon consideration of the total operations
of the Employer . As it appears that the direct outflow of the Em-
ployer exceeded $470,000 we find that it will effectuate the policies of
the Act to assert jurisdiction over the Employer.'
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9 ( c) (1) and Section 2 (6) and (7) of the Act.
4. In Case No. 18-RC-3343, Local 621 seeks to represent stock and
counter men at the Employer 's Ashland, Wisconsin , store. In Case
No. 18-RM-264, the Employer asserts a claim by Retail Clerks to
-represent stock and counter men at its seven branch stores. The
Employer 's primary position is that only such a seven -store unit is
appropriate . At the hearing, retail Clerks stated that it was inter-
ested not in the 7 branch stores, but only in 4 of them, not including the
one at Ashland sought by Local 621.
Bargaining history has been on an individual -store basis. The
central store, not here involved , and the Grand Rapids branch are
under contracts which will not expire until 1959, and a consent elec-
tion was held some time ago at the Ashland store , but no bargaining
-resulted therefrom.
The Employer is engaged in the wholesale distribution of auto-
mobile supplies . Although there is some degree of centralized control
of the stores there is also local autonomy. Thus, each manager screens
applicants for employment , although he may not make the final choice;
and managers can discharge employees they consider unsuitable.
They also have authority to make customer -requested adjustments, to
'buy locally certain supplies needed in the . stores, and effectively to
. IT. H. Rogers Lumber Company , 117 NLRB 1732.
PARKER BROTHERS AND CO., INC. 139
recommend wage increases. In addition, the branch stores are widely
:separated from the central office, being from 75 to 120 miles away
from Duluth.
In these circumstances, we find that the unit sought by Local 621,
limited to the Ashland store, constitutes a unit appropriate for col-
lective bargaining. With respect to the unit of seven branch stores
proposed by the Employer, it appears from the record that neither
union is interested in representing such a unit. Accordingly, we
shall dismiss the petition in Case No. 18-RAI-264 and direct an elec-
tion at the Ashland store, as sought in Case No. 18-RC-3343. We
-do not accord Retail Clerks a place on the ballot as it indicated it did
.not desire so to appear.
The appropriate unit is :
All employees, including stock and counter men, of the Employer at
its Ashland, Wisconsin, store, excluding managers, office clerical em-
-ployees,.outside salesmen, guards, watchmen, and supervisors as de-
fined in the Act.
[The Board dismissed the petition filed in Case No. 18-RM-264.]
[Text of Direction of Election omitted from publication.]
Parker Brothers and Co., Inc. and John Young Company, Inc.
and Seafarers International Union of North America , Atlantic
and Gulf District , Harbor and Inland Waterways Division,
AFL-CIO, Petitioner
Parker Brothers and Co ., Inc., and John Young Company, Inc.
and Seafarers International Union of North America , Atlantic
and Gulf District , Harbor and Inland Waterways Division,
AFL-CIO, and General Drivers, Warehousemen and Helpers
Local Union No. 968, AFL-CIO, Joint Petitioners
Parker Brothers and Co. , Inc. and John Young Company, Inc.
and General Drivers, Warehousemen and Helpers , Local Union
No. 968, AFL-CIO, Petitioner
Parker Brothers and Co., Inc. and General Drivers, Warehouse-
men and Helpers, Local Union No. 968, AFL-CIO, Petitioner.'
Cases Nos. 39-RC-11?6, 39-RC-1144, 39-RC-1145, 39-RC-1146,
and 39-RC-11.47. October 25,1957
DECISION, ORDER, AND DIRECTION OF ELECTION
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
' The names of the cases appear as amended at the hearing.
119 NLRB No. 20.